Defendant shall be punished by a fine of 12,000,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

[criminal record] On January 9, 2014, the Defendant was issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) in the branch court of Suwon District Court.

【Criminal Facts】

On November 6, 2019, at around 23:00, the Defendant driven a B car under the influence of alcohol level of about 0.093% in a section of about 10km from the insular road to the insular road of Young-dong Highway, Young-si, Young-si, Yangpo-gu, Yangpo-ro.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report, etc. of the state of driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was punished by a fine due to a relatively recent drinking driving, and the blood alcohol concentration level at the time was also reasonable. In light of the risk of the occurrence of the accident and the purport of the amendment of the amended Act of which statutory penalty is raised, the nature of the crime is not easy.

However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, and circumstances after the crime.